HomeMy WebLinkAbout1_11_2000 - Council MinutesAPPROVED BY CITY COUNCIL ON JANUARY 25, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 11,2000
The City Council of the City of Orange, California convened on January 11,2000 at 4:30 p.m. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Associate Pastor Tim Davidson, Orange Hills Assembly
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 119 Recognition for
their participation and volunteers hours at the City's Tree Lighting Ceremony was
given to the following individuals: Lisa Ackerman (Downtown Business Professional Association);
Teresa Beach and Sue Bums (Orange Community Girl Scouts); Michael
Mason (YMCA of Orange); Barbara Beck (El Modena Vocal Music Boosters); Patty
Ricci (Palmyra School PTA); Gail Alden (Happiness by the Bushel);Teresa Sanders (
Olive Elementary School); Don Blake (Boy Scout Troop 155); Cris Ruppel and
Drew Ruppel (Fletcher Elementary School); Diana Gentry and Ahmad Tabass Kiwanis
Club of Orange); Diana Smith, Jim Laub, Bob Little, Joe Miller and Ellie North (Kiwanis
Club of Orange Suburbia). Candlelight Choir Processional Participants were recognized
as follows: Stephen Lance (President, Orange Community Chorus);Amber Carpenter (
Orange High School Concert Choir); Katie Sapp (Orange High School Chamber Singers);
and Ruth Frieman (Director ofEl Modena High School Vocal Music Department). City
employee Doug Keys and his son, Greg were recognized for lighting the menorah.
Derek Rush was recognized for the sound system and lighting provided at the ceremony.
A special commendation was given to Michael Short for arranging,organizing and
rehearsing the choirs, and directing the musical program.Recognition of
volunteers who participated in the Treats through the Streets, October 28,1999 and
the Police Volunteer Program will be continued to the January 25, 2000 meeting.PAGE
1
CITY COUNCIL MINUTES January II, 2000
Mayor Coontz announced the State of the City Address sponsored by the Orange
Chamber of Commerce will be held on January 20, 2000 at 11 :30 a.m. at the Double Tree
Hotel. For reservations call Orange Chamber of Commerce 714-
538-3581.1.4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS (Continued)Mayor Coontz reported that she visited the County Emergency Operations
Center at Lorna Ridge, the City's Emergency Operation Center, and a few of the fire
stations on December 31, 1999 (the millennium), which turned out to be a very
quiet,
uneventful evenmg.Councilman Alvarez reported he will be sponsoring a community forum
on Thursday,February 3, 2000 in the Weimer Room to give Orange residents the opportunity
to learn more about the millennium plan (which does not include an airport) and
Measure F.Mayor Coontz clarified that Councilman Alvarez's millennium plan concerns
the subject of the airport and is not the millennium activity ofthe City
of Orange.2.PUBLIC COMMENTS
Tape 415 Carole Walters, (address on file), commented on root problems caused by
Poplar trees,one of which is located in her neighborhood, and asked what the appeal
procedure entails.The Director of Public Works explained the administrative appeal process. There
is no fee for the appeal. An abbreviated version of the process was provided in a letter
to Ms.Walters on
January 101h.3.CONSENT CALENDAR
Tape 573 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of
City Council agenda of a regular meeting of January 11, 2000 at Orange Civic
Center, Main Library at 101 N. Center Street, Police facility at 1107 North
Batavia, the Eisenhower Park Bulletin Board, and summarized
on Time-Warner Communications, all of said locations being in the City of
Orange and freely accessible to members of the public at least 72 hours before
commencement of
said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its
retention as a public record in the Office
ofthe City Clerk.3.2 Request Council Confirmation of warrant registers dated December 16,
23
and 30,
1999.ACTION:Approved.3.3 Request approval of City Council Minutes, Regular Meeting,
November 23, 1999,December 14
and 28,
CITY COUNCIL MINUTES January 11, 2000
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.5 Change Order No. 1 to Agreement No. 3292 - Consultant Agreement to provide Professional
Public Relations Services on various Public Works Capital Improvement
Projects. (AZIOO.O AGR-3292)
SUMMARY: The City of Orange entered into an Agreement with SEMA Associates,
LLC, on July 6, 1999, to provide Public Relations Services on various Public Works
Projects. The scope of work has expanded to include individual meetings with area
businesses in the construction zone and more extensive public outreach. Public Relations
Services has also been provided to an additional project, WalnutlGlassell Storm Drain
Improvements. The expanded scope of work will increase the consultant contract cost
from $19,275.00 to $38,600.00.
ACTION: Approved Contract Change Order No 1 in the amount of $19,325.00 to
SEMA Associates, LLC for Public Relations Services on various Public Works Capital
Improvements projects.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts: 271-5011-483300-3229 $275.
00 Main/Chapman Special Gas Tax Construction), 272-5011-483300-4037 $
6,000.00 Tustin Street (Gas Tax), 272-5011-
483300-3207 $3,750.00 Chapman (Gas Tax), 272-5011-483300-
4004 3,750.00 G1assell (Gas Tax), 310-
9645-
483400-1819 $5,550.00 (Community Development Block Grant) - Total $19,
325.00.APPROPRIATION 3.6 Appropriation for Jeff Franzen, CPA (AZIOO.O AGR-2854.
3)SUMMARY: The City currently has a contract with Jeff Franzen, CPA, a specialist in fraud,
who has been working with the District Attorney for
the past year and a half analyzing complex financial documents concerning
the Orange Resource Recovery System (ORRS) investigation of misappropriating City funds. It is expected Mr.
Franzen's expertise will be required to complete investigation and to prepare
for the trial.
This request is for an additional appropriation to complete assisting the
District Attorney's Office.ACTION: Appropriated $80,
000 to
CITY COUNCIL MINUTES January 11, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Unreserved fund balance is available in the Sanitation Fund to fund
this appropriation. The City will seek reimbursement for these costs through current
legal actions.
BIDS
3.7 Contract Change Order to Bid No. 989-45, Project No. SP-3265, the City
of Orange Fire Station #8 Temporary Facility. (AZI00.
0 AGR-3294)SUMMARY: This Final Contract Change Order authorizes payment
for the work beyond the original scope of work and unforeseen extra work. The
contract cost is increased to $403,064.18 with
this Change Order.ACTION: Approved Contract Change Order No. 1 in the amount of $16,
644.18 to Fleming Environmental, Inc. for the extra work at
the agreed price.FISCAL IMPACT: Funds are budgeted in Account
No. 562-3021-481200-2683 -16,644.18 (
Fire Facilities Fees Area "C").3.8 Authorization to release request for bids for
traffic signal and streetlighting maintenance
contract. (S4000.S.3.3)SUMMARY: City's current signal maintenance contractor has
notified the City that they will not renew their existing contract upon its
expiration. City staff have pre-qualified two firms to submit bids for this contract and
are requesting Council's authorization to
request bids from these two firms.ACTION: Authorized staff to request bids from
the pre-qualified firms of Peek
Traffic SMI) and Computer Service Company (CSC).FISCAL IMPACT: Funds are budgeted in
Account No.
273-5032-427100 - $85,000.00 Professional Services)3.9 Final Contract Change
Order; Bid No. 990-02; Project No. SP-32390-B,
Street Rehabilitation Improvements for
Tustin Street from Chapman Avenue to Collins Avenue. (A2100.0 AGR-331O)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in final
as-built quantities at contract unit price and unforeseen extra work beyond
the original scope of work. The total contract cost is $797,165.13.ACTION: Approved a
Contract Change Order in the amount of $29,573.78 to R. J.Noble
Company for
the additional
CITY COUNCIL MINUTES January 11, 2000
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted or are available in the following account: 272-
5011-483300-4037 $29,573.78 (
Gas Tax).3.10 CLAIMS (
C3200.0)The City Attorney recommends that the Orange City Council deny the
following Claims
for damages:a.
Dominque Arnold b. Juan
Carlos Gonzalez c.
Bradley Waisbren d. Robert
James West ACTION: Denied Claims for damages and referred to City Attorney
and
Adjuster.CONTRACTS 3.11 Award of Contract - Bid No. 990-17; Project SP-3292;
Asbestos Abatement and Demolition and Right of Way Clearance at 345 East
Chapman Avenue, Orange.
AZI00.0 AGR-3423)SUMMARY: This project involves asbestos abatement and
demolition of the former Bank of America Building at 345 E. Chapman Avenue. The
City of Orange purchased the building in December, 1997. This action is partof
the Parking Lot/Landscape improvements
proposed at this site.ACTION: Awarded a contract, for Bid No. 990-17 in the amount of $
46,905.00 from the low bidder, John Beck, an individual, P.O. Box
353, Chino, CA 91708-0883 and authorized the Mayor and City Clerk to
execute on behalf of the City.FISCAL IMPACT: Funds
are budgeted in Account No. 926-9811-
481200-0000-20050 250,000.00 (BOA Demolition and Construction).3.12:
Approval of Updated Contracts for the Serrano Heights Community Facilities
District Legal and Fiscal Consultants. (AZI00.0 AGR-3424; AGR-3425;
AGR-3428)SUMMARY: Contracts for legal and fiscal consultants for the Serrano Heights
Community Facility District were initially entered into in 1991 and 1995 when
this financing was considered with two prior potential developers of Serrano Heights. Now
that the Community Facilities District is active again, several contracts need to
be updated for the financing being requested by SunCal Companies, the
current developer.ACTION: Approved updated contracts with the following legal and fiscal consultants:
1) Bond Attorney - Quint & Thimmig LLP; (2) Disclosure Attorney -
Cox, Castle &
CITY COUNCIL MINUTES January 11,2000
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: The City will not incur any costs with this financing. All costs
associated with this financing are the responsibility ofthe developer.
REMOVED AND HEARD SEPARATELY)
3.13 Award of Contracts: 1) Bid No. 990-07; Project No. SP-3239C;
AHRP Street Rehabilitation for Chapman Avenue from Grand Street to Cambridge
Street, Phase A". 2) Bid No. 990-08; Project No. SP-3239D;
AHRP Street Rehabilitation for Chapman Avenue from Cambridge Street to Tustin Street,
Phase "B". (
A2100.0 AGR-3426; AGR-3427)Note: Councilman Slater abstained on this item due
to a potential conflict of interest
with the location of his business.SUMMARY: The projects will rehabilitate
Chapman Avenue from Grand Street to Tustin Street. The construction improvements to be
completed as part of this project include the rehabilitation of the existing
asphalt pavement surfacing, and the construction of concrete approach lanes at the intersection of Chapman
A venue and
Tustin Street for eastbound Chapman Avenue.FISCAL IMPACT: Funds are budgeted
in the Capital Improvement Program and available in the following
accounts: 550-5011-483300-3207 $132,370 (AHRP), 272-
5011-483300-3207 $304,162 (Gas Tax 2105), 262-
5011-483300-3208 $241,632 Measure M) Requested Appropriation and, 550-
5011-483300-3208 $
103,556 (AHRP).
Adequate funds are available in Fund 262
for
the requested appropriation.MOTION - Murphy SECOND - Coontz AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAIN-Slater
Moved to: 1) Appropriate $241,632 from unallocated reserve
in Fund 262 and transfer to Account No. 262-5011-483300-3208 for
Chapman Avenue rehabilitation from Grand Street to Cambridge Street; and 2) award Bid No. 990-07; SP-
3239C; Chapman Avenue-Grand Street to Cambridge Street in the amount of$210,
380.46 and Bid No. 990-08; SP-3239D; Chapman Avenue - Cambridge Street to Tustin
Street in the amount of 357,775.
78 to All
American Asphalt Company and authorize the Mayor and City Clerk to
execute on behalf of
the City.
CITY COUNCIL MINUTES January 11,2000
3. CONSENT CALENDAR (Continued)
SUMMARY: The City is required to annually report on the status of Development
Impact Fees, including the collection of revenue and expenditures of these funds.
ACTION: Received and filed annual financial reports relating to Fire Facilities, Police
Facility, Transportation System Improvement Program fees and Parking In-
Lieu Development
Fees.FISCAL IMPACT:
None.PUBLIC
SAFETY 3.15 Assembly Bill (AB) 3229 Funding FY 99. (C2500.
K)SUMMARY: AB 3229 makes funds available under the FY 99 Citizen's Option
for Public Safety (COPS) Program in the Governor's budget. The City of Orange
was awarded $283,348 and proposes to continue funding the non-sworn
police support positions using FY 99 AB 3229 COPS Program Funds. These positions
enhance the Police Department's ability to place sworn Police Officers in
the field.ACTION: Approved the recommendation from the Police Chief to allocate the $
283,348 FY 99 COPS grant award to continue funding four (4) full-time and
two (2) part-time non-sworn
positions through June 30,2001.FISCAL IMPACT: These funds have been placed in a separate
fund (354 - AB 3229 Supplemental Law Enforcement Services) and cannot be
transferred to or intermingled with other funds, except to facilitate appropriation and
expenditures by the statute.Interest earnings in Fund 354 will also be allocated to payroll expenditures
for the six (6)positions. This award will support the allocation plan and the approval
does not
require a budget adjustment.RATIFICATION
OF DECLARATION OF EMERGENCY 3.Hi Review the existence of a local emergency as declared on April
1, 1999 (Vista Royale
Tract). (AZI00.
0 AGR-
CITY COUNCIL MINUTES January 11,2000
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.17 RESOLUTION NO. 9204 (A2100.0 AGR-
2784)A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 967-29; Industrial
Construction and Electric, Inc.; Furnish and Install electrical Equipment for Well No. 24,
Wanda/Collins Pump Station, Villa Real Pump Station, and Reservoir No.5
Pump Station.
ACTION: Approved.3.18 RESOLUTION NO. 9206 (A2100.
0 AGR-3346)A Resolution of the City Council of the City of Orange finally
accepting the completion of a certain public work and improvements; Bid No. 990-04; SP
3278; R. J. Noble Company; Street Maintenance Asphalt Concrete Overlay
at
Various Locations (
Year 1999-2000).ACTION: Approved.3.19 RESOLUTION NO.
9207 (TlI00.0.2 CFD-91-2)A Resolution of the City Council of
the City of Orange combining improvement areas within the City of Orange
Community Facilities District No. 91-2 (Serrano Heights Public Improvements), and
considering alteration of the Rate and Method of Apportionment of Special Taxes
and the authorized facilities for prior improvement areas and the bonded indebtedness
and appropriations limits for the prior improvement areas.This resolution will
set a
public hearing for February 22, 2000.ACTION: Approved.
3.20 RESOLUTION NO. 9208 (S4000.S.4)A Resolution of the City Council of
the City of Orange authorizing the temporary closure of Maple Avenue from Center
Street to Cleveland Street, Shaffer Street from Chapman Avenue to Palm Avenue,
and removing on-street parking from Maple Avenue from Center Street to Cleveland
Street, and Shaffer Street from Chapman Avenue to Palm Avenue; and removing on-
street parking at various locations within the Plaza
for filming
of a
CITY COUNCIL MINUTES January 11, 2000
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 9209 (C2300.E GPA-
3-98)A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission approving the General Plan reclassification of Heim
Avenue as a Commuter Street and redesignating 6.09 acres of property located east of
Canal Street and south of Heim Avenue adjacent to the Mall of Orange from General
Commercial to Low-Medium density residential, designating residential use of the property
at a density range between 6 and 15 dwelling
units per acre.General Plan Amendment No. 3-98,
Applicant: Greystone
Homes, Inc.ACTION: Approved.3.22 RESOLUTION NO.
9210 (T4000.0 TTM-15680)A Resolution ofthe City Council of the City of
Orange upholding the recommendation of the Planning Commission and approving a Tentative Tract
Map to allow the subdivision of 5.7 acres of property located east of Canal Street and
south of Heim Avenue, adjacent to the Mall of Orange for proposed
construction of 49 single-family residences.Tentative Tract
Map 15680,
Applicant: Greystone Homes, Inc.ACTION: Approved.3.23
RESOLUTION NO. 9211 (C3300.0 CUP-2227-98)A Resolution of the City Council
ofthe City of Orange upholding the recommendation of the Planning
Commission and approving an Administrative Adjustment to allow reduction of the required length of
a residential driveway and Conditional Use Permit to allow construction of a planned unit development comprised
of 49 units on 5.7 acres of property located east of Canal Street and south
of
Heim Avenue, adjacent to the Mall of
Orange.Administrative Adjustment 99-
17, Conditional
Use Permit
2227-98 Applicant: Greystone Homes, Inc.ACTION: Approved.SEISMIC RETROFIT 3.241 Request increase
in seismic retrofit contract with EQE International Inc., in the amount of $32,000 expanding the
contract amount from $160,000 to $192,000 for the purposes
of
contingency funds
CITY COUNCIL MINUTES January 11,2000
3. CONSENT CALENDAR (Continued)
SUMMARY: The contingency funds will provide for hazardous materials investigation
of the Fire Headquarters, Corporation Yard Warehouse and Garage buildings ($7,500)
and anticipated alternative analysis of safety levels for structural retrofit of City buildings
24,500) to be approved by the Director of Public Works.
ACTION: Approved the increase for the contract amount with EQE International Inc., by
32,000 as contingency funding approved by the Director of Public Works.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program: 565-
3021-4811 05-2977 $226,368 (Seismic Retrofit-Fire
Headquarters), 565-5011-4811 05-2978 338,200 (Fire
Headquarters Remodel), 500-5011-481105-2976 $249,876 (Seismic Retrofit - City Hall),
500-5011-481105-2974 $9,601 (Seismic Retrofit -
City Yard),500-5011-481105-2975 $97,
718 (Seismic Retrofit - City Garage).3.25 TREASURER'S REPORT (
C2500.F)Treasurer's
Report for the
period ending November
30, 1999.ACTION: Received and filed.MOTION - Murphy
SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Councilman Slater abstained on Item
No. 3.13. The
remainder of the Consent
Calendar was approved as recommended.END OF
CONSENT CALENDAR 4.REPORTS FROM MAYOR COONTZ Tape603
4.1 Update on the Jail Issue. (OC1300.I)Mayor Coontz gave the following report:
For six months, I have researched and followed a proposal to locate a new jail within the City
of Orange's sphere of influence. Faced with South County's opposition of plans
to expand the James Musick Facility, the County Sheriffs Department has been looking elsewhere for a
site to locate a new maximum-security jail to house 5,000 inmates. The three potential sites
identified are in East Orange. Though we learned of this last summer, it was a full year
ago that a search committee comprised of representatives from the Sheriffs Department, the cities of
Lake Forest and Irvine and two members ofthe Board of Supervisors began to hunt for a new jail
site. When we discovered the hunt was leading to our backyard, the City Council made
several, vigorous efforts to be included
in this
CITY COUNCIL MINUTES January 11,2000
4. REPORTS FROM MAYOR COONTZ (Continued)
This Council is extremely concerned about any proposal to locate a jail within our community.
The Council approved a subcommittee consisting of Councilman Murphy and myself to meet
with each member ofthe Orange County Board of Supervisors. During these meetings, we again
voiced our strong opposition to the siting of any additional jail within our sphere of influence.
Further, we reminded the County Board of Supervisors that Orange is already home to Theo
Lacy Jail, located just off The City Drive. When built, this facility was not intended to be a
maximum-security jail. Yet, it will soon house nearly 3,000 inmates - including 1,152 maximum-
security prisoners. After several years oflitigation, in 1995 the City and County reached an
agreement on the expansion of Theo Lacy. We were assured that Theo Lacy would be the only
County jail located in the City of Orange.
The proposed jail sites are located in the 18,000 acres just east of Jamboree Road, owned by The
Irvine Company, planned to be part of the City of Orange. A Citizens Group created a policy
plan for our sphere of influence. We unveiled the East Orange General Plan in 1989 - a comprehensive,
award-winning plan. The general plan includes all aspects of a planned
community - similar to a south county planned community. The plan was very clear - a jail would not
be compatible with the proposed land uses. The City of Orange represents 5 percent ofthe total
countywide population, yet once Theo Lacy is built-out, we will provide 47 percent of
aU jail beds for the County. Orange has done its share.Furthermore,
if an additional jail facility were built in Orange, we would be providing 70 percent of
aU the jail beds in Orange County. The City of Orange would be home to more inmates than the
Los Angeles Central jail and would be California's largest jail facility. We would be called Jail
City." The issue of protecting our community from an additional jail impact is important to our
future. We will continue to follow this issue and hope to be included in future County-led
discussions. County Supervisor Cynthia Coad has expressed her strong stance against any
additional jails in Orange, and we greatly appreciate her support. Tonight, I want to raise
awareness and express my serious concerns regarding Measure F. City staff has reviewed the
ballot measure to determine its effects upon jail siting. Our staff found that although the measure
states it will protect communities from having jail facilities located within their neighborhoods, it
would not protect our city from an additional jail site. I am asking the entire City Council to
support Resolution No. 9212 opposing Measure F on the March ballot. Measure F will not
protect our community from jail siting and, if passed, opens East Orange to potential jail siting.
Councilmember Murphy read Resolution No. 9212, requesting Paragraph 2, Line 2 be amended
to mad "47 percent" rather than "one-
third".Mayor Coontz continued: I fully understand that Measure F addresses other issues such
as landfills and airports, however for the City of Orange we need to focus on the real issue facing
us today and that is the Jail. I understand that there may be individuals who may want to
address the airport portion of this Measure, and for those individuals, I would like to let you know
that the airport EIR is currently being reviewed (it's about 3 ft tall) by our Planning
Department.
They PAGE
CITY COUNCIL MINUTES January 11, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
will be reporting their findings back to the City Council, and at that point the Council will have
the opportunity to discuss the airport.
Speaking in Opposition to Airport:
Gail Thompson, 805 LaVetaAvenue
Carole Walters, (address on file)
Kevin Canvanagh, 8 Piccadilly Court, Aliso Viejo
Carrie Fletcher-Harvey, 509 E. Grove
Avenue Tom Baumgartner, 8140 E. San Luis
Drive Linda Jones, 4 Field,
Irvine Hanna Hill, 1 Shelby,
Irvine Reasons and Concerns: Measure F will stop the expansion of John Wayne Airport.
The proposed airport at EI Toro will be in litigation for decades. Measure F tells the citizens
of Orange County what the project, either an airport, jailor landfill, will actually be like and
what impact it will have on surrounding communities, before a Countywide vote is taken.
The proposed airport at El Toro was to be a turn-key airport; it will cost twice as much
as predicted for an airport half the size as originally planned. Measure F will protect the citizens
from County government abuses. Other concerns expressed were safety concerns with the flight
paths, noise generated, fuel tankers will gridlock freeways, and night time air
freight operations.Speaking in Opposition to
Measure F:Tom Dominguez, 546 E. Glendora, Member of Board of Directors of the Association
of Orange County Deputy Sheriffs, urged Council to oppose Measure F, noting that the Association
has no position on the airport at EI Toro. The Association does oppose Measure F. The
County has been under the provisions of a federal court order for over 20 years, which came about as
a result of jail overcrowding. Since the Stewart vs. Gates decision, thousands of
convicted and incarcerated criminals have had to be released prior to the completion of
their sentences.Measure F would significantly impair law enforcements ability to do their job of
protecting and serving the citizens of
the community.Mayor Coontz said that the ten years spent by the City of Orange on The
Irvine Company General Plan to the east of Orange involved all segments of the community. The City
of Orange was not included in the planning done by the South County on a location for a jail site.
It is important that the future of the City of Orange be protected. Measure F only protects
those close to the Musick Jail. The economy is hot right now; developers are looking to develop
their plans;and there are competing interests with every piece of land. The City should be
concerned with the land to the east which will be developed. The land is close to Santiago Hills,
Orange Park Acres, and other developments. The understanding with the original plan with
The Irvine Company did not include a jail. The airport issue will come up at a later time, noting
that the citizens of Orange voted twice in favor of
an airport.
CITY COUNCIL MINUTES January 11, 2000
4. REPORTS FROM MAYOR COONTZ (Continued)
Councilman Slater commented it has been in the environmental impact reports and stated clearly
that if the non-aviation plan (no airport) is developed at EI Toro, there would be at least twice
the amount of traffic generated in South Orange County as there would be if there were an airport
at EI Toro. Flight paths are being studied that they might be similar to John Wayne Airport,
to arrive over east Orange and depart over the Newport coast. No homes would be impacted.
The City of Orange benefits in that the airport plan can be made around east Orange (which would
be impacted by the airport), as it is not yet developed. John Wayne Airport is going to have to
be explmded if there is not an airport at El Toro, which will significantly impact the
current residents of East Orange. The proposed Resolution opposing Measure F supports
law
enforcement.Councilman Murphy commented it is unfortunate that those that wrote Measure
F unintentionally targeted the City of Orange as one of the major sites for jails and landfills.
By placing a Y, mile radius around planned communities (not yet built out) limits the number
of areas where jail sites can be considered within the County confines. It is the
Sheriffs responsibility to have more jail beds in Orange County. However, the City of Orange
already has 47% of the jail beds as a result of the expansion of the Theo Lacy Jail. The City of
Orange has done its share. Other areas need to be
considered.Councilman Alvarez commented he could not support Resolution No. 9212, as it has no
impact.Measure F will be voted upon by the people in March. The City of Orange does not want to
have anolher jail site. Opposition was expressed to the proposed EI Toro
airport.Mayor pro tern Spurgeon commented Orange has done its share with jail sites. Concern
was expressed that buses would have to travel through the City of Orange to transport
prisoners.RESOLUTION NO.
9212 A Resolution of the City Council of the City of Orange opposmg the Safe and
Healthy Communities Initiative - Measure F.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved
that Resolution No.
9212 as amended, be adopted and same was passed and approved by the preceding vote.4.
2 Request the
status of the Master Schedule of Events as discussed at the October 26,1999 Council Meeting. Tape
2075 Mayor Coontz requested the
City Manager provide a Master Schedule of Events.PAGE 13
CITY COUNCIL MINUTES January 11,2000
4. REPORTS FROM MAYOR COONTZ (Continued)
4.3 Request the City Manager to report on the policy covering the Orange Progress, the
magazine distributed to the community regarding scheduled recreation activities and
community events. Tape 2090
Mayor Coontz requested the City Manager provide a report as soon as possible which includes
who the publisher is and what the controls and opportunities are.
Councilman Alvarez commented a pro-airport publication was inserted into a City publication
at the taxpayer's expense. He asked the City Attorney to investigate: 1) whether it is a violation
of the law for a city paid publication and postage paid publication to have a political piece
inserted;2) whether the Brown Act was violated when Councilmembers reviewed the publication;
3)whether the Mayor could either pull or allow the insert to be included in the publication; and
4)whether the publication was ever approved, since it was not agendized. Councilman
Alvarez indicated there needs to be a policy to disallow this. From his view, it was illegal from the
start.A clarification needs to be obtained from the Fair Political Practices Commission (FPPC)
as
well.The City Attorney commented he did not feel he should investigate this issue, since he was
given advance notice of the brochure, and had already rendered a legal opinion that the brochure
could be sent. The City cannot spend public funds to campaign for or against initiatives, but
can provide informational brochures on specified projects. It was his understanding that no
City funds were used either to mail or create the brochure. He advised that the publication could
be sent, since the postage did not increase due to the insertion of the brochure. The City
Attorney also advised that under the Orange Municipal Code, the Mayor has separate authority to
handle all press relationships dealing with matters that come before the City
Council.MOTION - Mayor Coontz
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
direct the City Manager to bring back the facts regarding the present status of the Orange Progress;
answers to the questions whether Council has the right to pass on what goes in to the
Orange Progress; and the monetary costs, etc., in order to have a good strong policy.The City
Manager indicated a report will be brought back to Council within 30 days. Mayor pro tern Spurgeon
suggested the City Manager, City Attorney and Mayor meet to discuss better agenda management.
Councilman Alvarez
made a motion to direct the staff through the City Manager and City Attorney to
look into the costs of bringing in an independent attorney to review the actions that took place
leading up to the mailing of an insert by the pro-airport people. Motion failed due to lack
of a second.Carole
Walters, (address on file), commented policies should be in place before a vote is taken.PAGE
14
CITY COUNCIL MINUTES January 11,2000
5.REPORTS FROM COUNCILMEMBERS Tape 2816
5.1 Councilman Slater and Councilman Alvarez - Consider purchase of R. J. Noble prol~
erty bounded by Lincoln, Glassell and the Santa Ana River (approximately 76 acres)and
Sully Miller property bounded by Santiago Canyon Road, Santiago Creek and Cannon Stn,
et (approximately 120 acres) for future parks and open space. (C2500.M.14)Notle:
Mayor pro tern Spurgeon abstained on this item due to a property interest within 300 feet of
the proposed Sully Miller development and left the Council dais.Councilman
Slater reported the Master Plan of Parks was adopted at the December 14, 1999 Council
meeting. Planning Commission Chairman Randy Bosch (who also voted for the Plan)suggested
this is better late than never and that this should have been done twenty years ago.With
that in mind, he felt the need to act immediately. The Master Plan of Parks said that the primary
goal should be to continually work toward the improvement of existing park sites and the
acquisition and development of new park sites to better meet the recreation requirements of the
I~ornmunity. Part of the Park Plan process was a telephone survey conducted in December,1997
and January, 1998 of 398 citizens. More than 80% of respondents felt that programs and facilities
needed to be expanded for children 6-17 years of age. The Park Plan also quotes that
the City has only 1.54 acres of parkland per 1,000 residents, which is only half the State standard
of three acres per 1,000 residents. The Plan states that the City should strive to provide more
than the maximum standard, closer to five acres per 1,000 residents, to meet the deficiencies in
active and passive recreation needs in the community.
The two large parcels that are undeveloped are basically the only two parcels left in the current
City limits, or adjacent to the City limits, that could be purchased somehow for future park space.
Houses on the two properties will invite more people into the City, or the two sites can be
improved for the future benefit of the citizens the City already has. There is not a lot of other
space in the City. As a realtor, he is for new homes in the City. There is a lot of area to the east
of Orange that will be considered in the near future. Serrano Heights is currently being
developed. The two sites are all the City has left. The Sully Miller site is 117 acres and the R. J.
Noble site (in the northwest part of the City) is 76 acres, for a combined total of 193 acres. Right
now, the City is short 182 acres of park space to bring it up to the minimum of three acres per
1,000 residents. Twenty acres ofthe Sully Miller site is creek bed, making only 97 usable acres.
The two sites can produce for the City about 176 acres. The Park Plan states that the 120 acre
Sully Miller gravel quarries could likely be re-established to allow sports field development
and a community center building site. The R. J. Noble site is specifically named in the Plan as
having potmtial for
acquisition.Shirley Grindle formed a citizens committee consisting of Orange's top community leaders,
who are willing to work with City staff to study all the means and methods available to place the
two properties in the park and school column. The President and Immediate Past President of
the OUSD Board have volunteered to serve on the committee. The City must be progressive
in helping the school district find sites to relieve school overcrowding, which is at least
partially PAGE
CITY COUNCIL MINUTES January 11,2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
due to all the new homes that have been approved over the past few years. The schools are a
vital contributor to the overall quality of life in the City of Orange.
Councilman Alvarez commented the City needs a lot more park space than it currently has.
Community support was shown for park sites when the City got involved with the
Walnut/Prospect site. The City wants to pay for the park space in a responsible way, which is
why the methods for financing need to be evaluated.
Mayor Coontz asked what the status of the two sites is at this time? The Director of Community
Development responded the R. J. Noble property is being processed through the County of
Orange. City staff has had ongoing discussions with the proponent and County staff. The
application process is slowing down and may be on hold at this time. With regard to the Sully
Miller property, there are applications from the Fieldstone Company. Staff is working with the
Fieldstone Company to develop environmental documentation to move through the process.
Speaking in Support:
Shirley Grindle, 5021 E. Glen Arran, commented that the purpose of the committee is to provide
a base of support to help solve the park shortage problem and to work with staff in identifYing
and evaluating different funding alternatives. The request before Council is supported by the
Master Plan of Parks, namely to actively track and pursue any special grant funds, to review and
adopt funding strategies to meet current and future shortfalls, and to develop additional sport
fields, to name a few. Concerned citizens are willing to give their time and many parents and
youths are committed to getting more sport fields. The decanted attitude of past Councils that
viewed local parks as solely a maintenance problem has short changed the residents and
particularly the kids of the City. Orange's lack of parks and sports facilities cannot be solved
alone by piecemeal dedications from the developers. Council was urged to take the
recommended action and direct staff to utilize the exploratory committee to come up with
workable solutions.
Speaking in Support:
Randy Bosch, 6437 E. Yosemite, (Planning Commission Chair)
Linda Davis, 9701 Janice Circle, Villa Park, OUSD Board Member
Carter James, 1110 E. Mardell, President of Orange Junior Soccer Club
Carole Walters, (address on file), President of the Orange Taxpayer's Association
Oz Enderby, 6719 E. Oak Lane, representing Orange Youth Sports
Carolyn Cavecche, 1204 E. Walnut, Orange Public Library Board of Trustees Member and
mother of three park-using
children PAGE
CITY COUNCIL MINUTES January 11,2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Spe:llking in Opposition:
Frank Foster, 19 Charity, Irvine, spoke on behalf ofthe Fieldstone Communities, Inc., the escrow
holder on the Sully Miller properties, and on behalf of Hanson Aggregates West and Sully Miller
Land Company who are the property owners. Mr. Foster said that Fieldstone Communities, Inc.
FCI) has worked with City staff for over a year with the intent to entitle the property for
devdopment. Extensive studies have been undertaken; some are still underway, including land
planning, soil studies, environmental, biological, and hydrology to evaluate the suitability of the
Sully Miller property for residential development. An EIR has already started. Scoping
meetings are complete. FCI was caught very much by surprise to be informed last Wednesday
that the City Council would be discussing a study of the purchase of the Sully Miller property
through a grant or bond issue for parkland. It is a mystery to them why this surfaced now, after
so much work has been done towards a sensible residential development on the property. FCI
does not believe that a regional park on the Sully Miller property is in the best interest of all of
the citizens of Orange for the following reasons: 1) They understand there is a shortage of
parkland in the City. Their residential development will set aside 20 acres of stream protection
and additional useable park site in the development, at no cost to the taxpayers. 2) The property
is 117 acres. FCI does not understand why the City would want this concentration of parkland
at the extreme east side of the City. How will such a large park be used? How will it benefit all
the residents of the City? 3) There are continuing opportunities to add parkland to the City as
new residential development comes before the City for entitlement in the east side of the City.
They will allow for parks of a sensible size and a reasonable cost in the new developments for
the use of everyone.
Councilman Alvarez asked who owns the Sully Miller site? Tim Cameron, attorney for Sully
Miller Land Company, World Trade Center, Long Beach, indicated Sully Miller Land Company
is ovmed 50% by a private foundation called the Earl and Lorraine Miller Foundation. The other
50% is owned by about eight individual members of the Sully family. The property has been
leased fifty years by the individuals to Sully Miller Contracting Company. Sully Miller
Contracting Company has supplied asphalt to the City of Orange and cities all around for years,
which has basically been the foundation of the community.
The City Attorney stated that no action or activity will be taken at this meeting to condemn the
property. The owner of the property and Fieldstone Communities, Inc. is entitled to continue
through the process. The City Council will have to consider Fieldstone's proposed project based
upon current conditions and not project out what may happen in the future.
Mayor Coontz commented this is the first time this has come before Council. The details are
unknown, except what has now been presented. This Council has been very supportive of
recreation and parks, which is why the City now has a Master Plan of Parks. One of the goals
when she became Mayor was that a lot would be done for the youth of the City. Mayor Coontz
askt:d the City Manager when the park development fee report will come to Council? The City
Manager responded a report will be presented at the February 8, 2000 meeting.
PAGE 17
CITY COUNCIL MINUTES January 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilman Slater commented that the City went out on a limb in acquiring the Beazer property
and is working on other sites. Unfortunately, it was only at the last Council meeting that Council
was able to see a Master Plan of Parks. Given the dire situation the City is in, he felt no more
time could be wasted. Several citizens who also recognized the dire need for park space
requested this issue be agendized.
Mayor Coontz requested clarification on what is meant by "method and plan of action" in
Councilman Slater's proposed motion to direct the City staff, City Manager and City Attorney, to
work with the citizens' committee to recommend a method and plan of action to acquire and/or
develop the Sully Miller and R. J. Noble sites into City parkland. Councilman Slater explained
the Master Plan points out all options available to acquire parkland. He would like the
Committee, in conjunction with City staff, to come up with recommendations for the best
approach to acquire the two sites. The R. J. Noble site is located in the County of Orange. The
Sully Miller site is located in the City of Orange. Both properties are currently zoned sand and
gravel. The citizens need to tell the City they have a commitment to acquire the two sites, and
along with information that staff will provide, the methods available. Ultimately, Council will
give direction on how it should be approached. Councilman Slater indicated he is not a
proponent of bond measures, but if that is the last recourse, the citizens' committee can take a
look at it. That is why it is so important that Eric Inglett, a financial advisor who knows a lot
about bonds, volunteered to serve on the committee. Ifpossible, he would like the City Manager
to report back in 30 days, or whenever the committee has their recommendation. The Committee
ultimately, with information provided from staff, can give a recommendation on how the City
should proceed to acquire potential sites listed in the Master Plan of Parks.
Councilman Murphy expressed support for the citizens' committee and the need for the
committee to first explore the resources available and potential sites for park space and schools.
Concern was expressed with focusing only on the R. J. Noble and Sully Miller properties.
Mayor Coontz concurred with Councilman Murphy in that zeroing in on the two properties
opens the City up for legal problems. It is also important to have an understanding of the park
development fees.
Councilman Slater concurred with the suggestion to not focus specifically on the R. J. Noble and
Sully Miller sites. However, in reviewing the Master Plan of Parks, he feels ultimately it will
come down to the two sites. All potential sites in the City should be considered in the big
picture.
MOTION - Slater SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon PAGE
18
CITY COUNCIL MINUTES January 11, 2000
5. REPORTS FROM COUNCILMEMBERS (Continued)
Moved to: 1) Direct City staff, including the City Manager and City Attorney, to explore with the
citizens' committee to recommend a method and plan of action to acquire park sites in the City
of Orange; 2) direct that a goal of the newly formed community foundation be the acquisition
and maintenance of parkland (which is one of the options in the Park Plan); and 3) the citizens'
group also make a recommendation to Council and staff on the fee study currently underway,
whic:h will be studied by staff and presented to Council.
THE: CITY COUNCIL RECESSED TO CLOSED SESSION AT 6:50 P.M. TO DISCUSS ITEM No. l1(A).
THE: CITY COUNCIL RECONVENED AT 7:18 P.M.
5.2 Councilman Murphy - Millennium Update This
item was continued to the January 25, 2000 meeting.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.
1 Reappoint Councilman Alvarez to the Orange County Vector Control District for a two..
year term to expire December 31,2001. (ORI800.0.3.20)MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve.7.
ADMINISTRATIVE REPORTS 7.
1 Report from
the Director of Community and Library Services regarding a Strategic PIau for the Orange
Public Library System. (C2500.I)SUMMARY: Approve astrategic
plan for the Orange Public Library System which is consistent with the DMG Management
Audit and previous studies conducted by Arroyo and Associates and includes recommendations to renovate
Taft and EI Modena branch libraries, and provide sufficient staffing support for
Main and the branch libraries, for an estimated cost of over $1.9 million over the next
24 months. This cost does not include the future building of a new Main library or extension of
the existing library, which could exceed $15 million.FISCAL IMPACT: After the
fund transfer is executed, there will be appropriate funds to pay for the position reclassifications
in Account No. 100-2011-411102 (Regular Salaries):35,548.
10. Funds are available to pay for the architectural fees for the Taft Branch Library Renovation in
Account No. 725-7028-481105-9918 (Taft Community Center) $100,000.
Total:135,548.
10.PAGE
CITY COUNCIL MINUTES January 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
The Director of Community and Library Services reported that since the newly renovated Main
Library reopened in February, 1999, visitation has increased by 63%. Additional steps are
needed to finalize the Strategic Plan for the library system which will enhance the level of
service for library users and patrons. The immediate need is to request four positions be
reclassified from their current part-time status to full-time at the Main Library.
An independent analysis of staffing indicates that future consideration to various positions will need
to be addressed, some in the next twenty-four to thirty-six months, and a few
in the FY 2000-01 budget. This needs to occur to adequately expand hours of operation
at all three facilities. The future requested positions and classifications would coincide
with the completion of renovations at the
Taft and EI Modena facilities.The recent Arroyo and Associates study indicates the Taft Branch Library
is in dire need of renovation. The Taft Library has numerous construction deficiencies
and is not ADA (American Disability Act) compliant. The carpet and wood exterior
is completely worn. The configuration of the facility is irregular and not user-friendly. The entire
ventilation system needs to be redone.It was recommended the $100,000 currently in the CIP budget be
utilized to hire an architect to begin the design phase for the
renovation of the Taft Branch Library.It has been twenty years since any real improvements have been
made to the EI Modena facility.The Arroyo and Associates report identifies that the community room at
EI Modena be a part of the renovation project; the interior and exterior lighting at
the facility be updated; renovation of the patio area; resurface the parking lot; and a thorough enhancement
of the landscape at the site.At the present time, monies are available to address the exterior lighting
at the site, as there are security issues. The recommendation for El Modena would
be the consideration of renovation in
the next twenty-
four to thirty-six months.Speaking in favor:Kathleen Massa,
Chair of Orange Public Library
Board of Trustees Charles Williams, 2459 No. Hearthside William Warne, 1208
Adams, Orange Public Library Board of Trustees Member The Director of Community and Library Services
responded to Mr. Williams that the opening on Fridays in
addressed in the report
and is a
goal.MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy,
Slater, Mayor
CITY COUNCIL MINUTES January 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Moved to: 1.) Adopt the report; 2) direct staff to begin architectural design work for renovation
of the Taft Library consistent with the report, utilizing up to $100,000 currently allocated in the
1999-2000 capital budget for Taft Library; 3) authorize the reclassification offour (4)
part-time to full-time positions in the amountof $35,548.1 0; and 4) approve a transfer in
the amountof 35,548.10 from General Fund (100) unappropriated reserves to Regular
Salaries
Account No.100-2011-411102.7.2 Report from the Director of Community and
Library Services regarding Joint Use Libl'ary Between the Cityand
Santiago Canyon College. (C2500.I)FISCAL IMPACT: Funds are insufficient to participate
in a joint-use library project.The Director of Community and Library Services reported
staff has met with Santiago Canyon College relative to the advantages and disadvantages of a Joint
Use Library with the City. The findings were submitted to the Orange Public Library Board
of Trustees on November 15,1999.Santiago Canyon College presented a projected cost of approximately $7
million to the City for a library in which the City would be a joint use partner,
with an annual operating cost of approximately $450,000. The Orange Public Library
Board of Trustees reviewed and analyzed the information and voted unanimously not to participate at
this time. However, the door was left open. Santiago Canyon College indicated that
certain bond measures would come back before them in eighteen to twenty-four months. For
today's purposes, the Orange Public Library Board of Trustees felt that the internal
needs of the library were more important.Councilman Slater commented when this issue
was originally brought to Council, the situation was pressing that a decision needed to made whether the
City would participate in the joint use venture. Fortunately, the City has twelve to
eighteen months now. Although the Orange Public Library Board of Trustees said this is not the right thing
for the City at this time, Councilman Slatl~r supports the Board revisiting this issue, as
the joint
use venture could potentially benefit the City.Mayor Coontz commented the City does not have $7.5
million at this time. The disadvantages of a joint use venture with Santiago Canyon are the
same as they were when Santiago Canyon College first promoted it in the early 1990's and have
not been resolved. The City has an entirely different type oflibrary system. The type of books ordered
for a college are not the same as those for the public at large. Santiago Canyon College is wanting
in funds on their own. A lot of work is needed if a joint use venture is going to be
considered. Council (two at a time) needs to meet with staff to discuss the advantages and disadvantages, as
a lot of staff time has been spent looking at this issue. The City does recognize,
however, that the Main Library does
not meet
CITY COUNCIL MINUTES January 11, 2000
7. ADMINISTRATIVE REPORTS (Continued)
Carolyn Cavecche, 1204 E. Walnut Avenue, Library Member, confirmed that the Board's motion
was that this issue would be revisited and considered by the Board in twelve months.
William Warne, 1208 E. Adams, Vice Chair of the Library Board, commented there are a lot of
people the City can do joint use with. Issues of concern with a joint use venture with Santiago
Canyon College are security, parking, staff mix, etc. If the City does move forward on this, a
dialogue with the college on these issues would be helpful.
MOTION - Slater SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to table
the issue of joint use until funding sources are identified by Santiago Canyon College, at which
time the issue will be re-evaluated by the Orange Public Library Board of Trustees along
with other issues that have not been resolved.8. REPORTS
FROM CITY MANAGER 9. LEGAL
AFFAIRS 9.1
ORDINANCE NO. 26-99 (A2500.0 Drugs)An
Ordinance of the City Council of the City of Orange adding New Chapter 12.50 to the Orange
Municipal Code designating City parks and libraries as drug-free zones.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 26-99 be read by title only and same was approved and adopted by the preceding
vote.9.2
ORDINANCE NO. 28-99 (A2500.0 City, Orange)An
Ordinance of the City Council of the City of Orange adding New Chapter 1.12to the Orange Municipal
Code relating to the City name, seal and logos.MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No.
28-99 be read by title only and same was approved and adopted by the preceding vote.
PAGE 22
CITY COUNCIL MINUTES January 11, 2000
9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO. 29-99 (A2500.0 Old
Towne)An Ordinance of the City Council of the City of Orange adopting revised historic
preservation design standards for Old
Towne.MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 29-99 be read by title only and same was approved and adopted by the
preceding vote.9.
4 ORDINANCE NO. 2-00 (A2500.0 AMD-
7-99)An Ordinance of the City Council of the City of Orange amending Titles 12 and 17 of
the Orange Municipal Code authorizing modifications to the ultimate planned width of Heim
Avenue and approving the reclassification of 6.09 acres of property located east of Canal Street and
south of Heim Avenue, adjacent to the Mall of Orange, from C-TR, Limited
Business District, Tustin Redevelopment Project Area, to R-2-6, Duplex
Residential District. Ordinance Amendment 7-99, Zone Change
1196-98, Applicant:
Greystone Homes, Inc.
MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Ordinance No. 2-00 be read by title only and same was set for
second reading
by the preceding vote.10. RECESS TO THE MEETING OF
THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION The City Council recessed at 9:45 to a Closed Session
for the following purposes:a. Conference with Legal Counsel - anticipated litigation. Significant
exposure to litigation pursuant to Government CodeSection 54956.9(b) (one potential case): Siting of
County Jail in Ora:llge'
s Sphere ofInfluence.b. Conference with Legal Counsel pursuant to Government Code Section 54956.
9 - existing litigation: Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court
Case No.78 02 84; Trevor Scott v. City of Orange, et aI., Orange County Superior Court
Case No.804194; and City of Orange v. County of Orange, Y orba
Park Remediation.
CITY COUNCIL MINUTES January 11, 2000
11. RECESS TO CLOSED SESSION (Continued)
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
CLOSED SESSION - URGENT ITEM People
v. Hambarian MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that the matter
arose after the posting of the agenda and there is a need to take immediate action.7:00 P.
M.
SESSION 12.PUBLIC COMMENTS Tape
6677 Carole Walters, (address on
file), commented on public speaking.13.PUBLIC HEARINGS Tape
6828 13.1 GENERAL PLAN
AMENDMENT 1-00, ZONE CHANGE 1201-99, CULVER AVENUE, CITY
OF ORANGE (C2300.E GPA-I-OO) Tape 6828
Time set for a public hearing on petition by the City of Orange to amend consideration of a Zone
Change from R-2-6 to R-I-6 (if this option is chosen a General Plan
Amendment is also needed),R-2-6 with a zoning overlay or R-2-8 with a zoning
overlay. The property is located on the south side of Culver
A venue between Shaffer Street and Cambridge Street.The Director of Community Development reported this
is an important land use policy issue that has been a topic of discussion in
the community for some time. The property includes approximately nine acres of land,
which encompasses twenty-eight parcels, which range in size from approximately 4,000 square feet to a large parcel
of over 46,000 square feet. All except one or two of the lots are occupied
by single-family residences. The current zoning is R-2-6 with
special limitations. The limitations include the Old Towne Design Standards and special mitigation measures which were
established at the time of the 1993 zone change of the area.
Important among the mitigation measures was Council direction the development would not have a
significant impact on the single-family character of the streetscape. The General Plan designation of the
site is Low Medium Residential, six to fifteen dwelling units per acre. The applications before Council
have been initiated by the City to clarifY the existing zoning for
the unique block of Old Towne. The first experience in implementing development regulations proved
to be
CITY COUNCIL MINUTES January 11, 2000
13. PUBLIC HEARINGS (Continued)
on that the combination of regulations needed to be clarified or simplified. Several months ago
Council studied a wide variety of zoning alternatives for the block, and in September, 1998 most
of the alternatives were eliminated. Direction was provided to begin a public hearing process on
zoning alternatives to an R-2-6 with a special study overlay, or an R-2-8
with a special study overllay. After several neighborhood meetings, public
study sessions, Planning Commission hearings, in October, 1999 Council added the alternative of the
R-I-6 zoning for consideration.The Director of Community Development explained the
three zoning alternatives for Council's consideration, noting the R-I-6
zone (recommended by the Planning Commission) would allow single-family residences to add an
accessory second unit, referred to as granny flat. The Planning Commission also
recommended a General Plan Amendment be approved which would amend the area
from Low-Medium Density Residential to
Low-Density Residential to be consistent with the single-family residential zoning.Mayor Coontz noted that in
1993 granny flats were a requirement of a conditional use permit and decision by
the Council. Has there been dramatic changes to the Environmental Impact
Report Ern.) requirements since 19937 The Director of Community Development responded garage spaces were
previously required. State law
no longer allows that. EIR requirements
have been modified over the
time.MAYOR COONTZ OPENED THE
PUBLIC HEARING.Speaking in a neutral position:Chades Williams, 2459
No. Hearthside Spe:!kers in favor of Option
1 (Planning Commission Recommendation)Martha and
Dan Phelan, 375 S. Pine St.Shalmon
Tucker, 206 N. Pine St.Mattie
and Warren Link., 801 E.
Culver Paula Sidler, 724 N.
Hidden Trail Anne Siebert, 340
S. Olive Freel Gillett, 205
E. Palmyra Robert Imboden, 226
W. Palmyra Joan Crawford, 394
S. Orange Robert Marone, 359
S. Pine Patty Ricci, 618 E.
Culver Kim Seehuus, 823 E.
Culver Dwain Raney, 368 S.
Cambridge St.Doug Pancake, 556 E. Culver Christine
Gallant, 383 S. Grand Connie
and Tom
CITY COUNCIL MINUTES January 11,2000
13. PUBLIC HEARINGS (Continued)
Speaking in Opposition to Option 1 (R-I-
6 zoning):Carole Walters, address
on file Ralph and Linda Zehner, 630 E. Culver, presented documentation for
the record Mike Keller, 632
E. Culver Herb Runnells, 816
E. Culver T. J. Clark, 811
E. Chapman Eileen Hertfelder, 720
E. Culver Kevin Hertfelder, 342
W. Brookshire In response to comments made, the Director of Community Development
responded that Chalynn Circle was built 30-40 years ago under a different set of standards in
a different era.Chalynn Circle would not be built under today's development standards. He would
not term re-zoning an entire block or half a block to spot zoning. Drainage is an issue dealt with
at the time of building permit. Standards need to be complied with and there are a
variety of solutions.The City Attorney addressed the following issues raised: An allegation was made
that the rezone would constitute discrimination. One of the fundamental concepts of discrimination
is that you have similarly situated people or property treated in a dissimilar manner. One of
the issues that came up is the lots on the south side of Culver are unique and very dissimilar to the
lots on the north side of Culver. This is a situation where we have some very dissimilar
lots being treated the same. There is some subjectivity in zoning regulations. In the litany of
cases that have addressed this area, it has always been held is that a certain amount of
discretion and subjectivity is necessary in order to establish good long-term land use planning.
A certain amount of discretion is allowed by the legislative bodies. The Design
Review Committee, the Planning Commission, and the City Council all exist by State law, at least in the land
use context, to apply discretionary standards. The Council's charge is not to apply the
objective standards but
the more discretionary standards.THE CITY COUNCIL RECESSED AT 9:10 P.M. AND RECONVENED AT
9:20
P.M.COUNCIL COMMENTS:Councilman Slater commented on remarks made by the public with regard
to parity and the neighborhood being up to par with the R-2 zone around
it, etc. Councilman Slater indicated there is not parity because the lot sizes are so huge. In the R-2-
6 zone, 20,000 square feet allows the ability to do something none of the neighbors can
do. The lots could be subdivided; two more houses could be built; and the houses could even be
sold off. Each house could have a granny flat behind it, which is something none of the neighbors
can do. In 1993, when the block was up-zoned, it was not officially an historic district
and it operated under a different set of rules. Ever since the zoning was changed,
there has been division, controversy, and problems on the street. It is time to end
the disharmony and vote for neighborhood preservation, preservation of Old Towne, and to restore the zoning on the
south side
CITY COUNCIL MINUTES January 11,2000
13. PUBLIC HEARINGS (Continued)
Mayor Coontz commented on a letter recently received which said if the block is changed back
to R-l, something is being taken away. The way she voted in 1993, they were never getting it,
as she wnsidered the zone change in 1993 to be ill-conceived; never really thought out;
a political move; and she stands by her original decision in 1993 that the zone not be changed.
Since 1993,morl~ requirements have been added and a lot of time has been spent with applicants
trying to think of ways to resolve the problems. The Historic Register has now been added;
there have been changes to EIR requirements; and a number of things definitely affected
the properties making it more difficult for anyone to devise how they could achieve the maximum
on these narrow lots. The ability to put on granny flats was not as great as it is today. The size
of the granny flat and the process has changed. It has taken many years to try to resolve
the problems with a lack of success. Mayor Coontz expressed support for the Planning
Commission'
s recommendation.Mayor pro tern Spurgeon commented that he did not participate in the 1993 decision due
to a conJ1ict of interest. A lot of staff time and monies have been spent on
proposed developments.H has tried to compromise as the project under the R-2-6 zoning
came forward. However, it seemed a compromise could not be reached. The dye was cast several years
ago when an entire square mile of Old Towne became an historical designated area. Regardless
of his own personal philosophy on property rights, he reluctantly expressed support for the R-I-
6 zoning, as it is the only way
to get closure on this issue.Councilman Alvarez commented that he tried to look at the original
intent of the R -1-6 zoning,and concluded that even the intent of the R-2-6
zoning was to somehow reach a level of single-family appearance. Applying all the
standards and overlays to R-2-6 zoning is unclear and confusing. R-I-6 zoning, keeping it simple
and the way it was in the
past, will still allow for a substantial amount of development on each lot.
Councilman Murphy commented the times and environment today is drastically different than it was
in 1993, in terms of the level of environmental review and requirements, historic designation,
Secretary of Interior's reports, etc. The land use decision today is substantially diffclrent than it was
in 1993. With the challenge of the additional guidelines that have been in place over the past few
years in the Old Towne District, R-2-6 is no longer indicative of what
really is expected or allowable on the properties, based on their uniqueness of size, narrowness and
depths of the lots. He supports property rights, but cannot support maintaining zoning that is not really
indicative of what is targeted or envisioned for the area. He expressed support for the change back
to R-I-6 zoning, but would like to continue to endeavor to provide clarity
on some of
the additional guidelines and regulations in order to have a more straight-
forward process as applications come forward.Mayor Coontz concurred with Councilman Murphy and directed staff
to develop clearer guidelines and provide a report back to Council. Councilman Slater indicated there needs to be
clarification on lots larger than 6,000 square
feet having
CITY COUNCIL MINUTES January 11, 2000
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Addendum Negative Declaration 1614-99.RESOLUTION NO.
9205 A Resolution
of the City Council of the City of Orange upholding the recommendation of the Planning Commission
and approving the General Plan reclassification of property generally located on
the south side of East Culver Avenue between Shaffer Street and Cambridge Street from Low-
Medium Density Residential to Low-Density Residential.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt
Resolution No. 9205.ORDINANCE NO. 1-
00 An Ordinance
of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code
and approving the reclassification of property located on the south side of East Culver Avenue
between Shaffer Street and Cambridge Street from R-2-6 to R-I-6.
Zone Change 1201-99,
Ordinance Amendment 6-99
MOTION - Mayor Coontz
SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved that Ordinance No. 1-00 be read by title only and same was set for second reading
by the
preceding vote.13.2 2000 EDITION OF THE STANDARD SPECIFICATIONS OF
PUBLIC WORKS CONSTRUCTION (A2500.0 Public Works)
Tape 2737 Time set for a public hearing on petition by the City of Orange to consider a
proposed ordinance of the City Council amending Chapter 12.02 of the Orange Municipal Code adopting
the 2000 Edition of the Standard Specifications for Public Works Construction (commonly referred
to as the Green Book) prepared and promulgated by the Southern California Chapter of
the American Public Works Association and the Southern California Districts of the
Associated General Contractors of California for all public works construction undertaken within the
jurisdiction of the City
of Orange.
CITY COUNCIL MINUTES January 11, 2000
13. PUBLIC HEARINGS (Continued)
The Director of Public Works presented the report.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 27-
99 An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the
Orange Municipal Code to adopt the 2000 Edition of the Standard Specifications for Public
Works
Construction.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 27-99 be read by title only and same was approved and adopted by the
preceding vote.14.
PLANNING AND ENVIRONMENT 15.
ADJOURNMENT THE:
CITY COUNCIL RECESSED TO CLOSED SESSION AT 9:45 P.M. AND RECONVENED FROM CLOSED
SESSION AT 10:20 P.M. THE CITY ATTORNEY MADE THE FOLLOWING ANNOUNCEMENT:
The
City Council authorized the City Attorney to file an amicus brief in the case of People v. Jeff Hanlbarian
in relation to the motion to recuse the District Attorney's office, should the City Attorney
decide that such is in the best long term interests of the City.MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez The City Council adjourned
at 10:20 p.m. in memory of Robert "Bob" Brown, Retired Battalion Chief of the Orange
Fire Department.4""'OA-'~ (l ~ k<
X CASSANDRA J. HCART, CMC
CITYCLE JOANNE COONTZ MAYOR
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